This section applies to all facilities that the SMO must inspect to
enforce any provision of this chapter, or whenever the authorized enforcement
agency has cause to believe that there exists, or potentially exists, in or
upon any premises any condition which constitutes a violation of this chapter.
A.
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this chapter as often as may be necessary to determine
compliance with this chapter. If a discharger has security measures in force
which require proper identification and clearance before entry into its premises,
the discharger shall make the necessary arrangements to allow access to the
SMO.
B.
Facility operators shall allow the SMO ready access to
all parts of the premises for the purposes of inspection, sampling, examination
and copying of records as may be required for compliance of this chapter.
C.
The municipality shall have the right to set up on any
facility subject to this chapter such devices as are necessary in the opinion
of the SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
D.
The municipality has the right to require the facilities
subject to this chapter to install monitoring equipment as is reasonably necessary
to determine compliance with this chapter. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the discharger at its own expense. All devices used
to measure stormwater flow and quality shall be calibrated to ensure their
accuracy.
E.
Unreasonable delays in allowing the municipality access
to a facility subject to this chapter is a violation of this chapter. A person
who is the operator of a facility subject to this chapter commits an offense
if the person denies the municipality reasonable access to the facility for
the purpose of conducting any activity authorized or required by this chapter.
F.
If the SMO has been refused access to any part of the
premises from which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this chapter, or
that there is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this chapter or an
order issued hereunder, then the SMO may seek issuance of a search warrant
from any court of competent jurisdiction.
A.
Notwithstanding other requirements of law, as soon as
any person responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known or suspected
release of materials which are resulting or may result in illegal discharges
or pollutants discharging into the MS4, said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release. In
the event of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency dispatch
services. In the event of a release of nonhazardous materials, said person
shall notify the municipality in person or by telephone or facsimile no later
than the next business day.
B.
Notifications in person or by telephone shall be confirmed
by written notice addressed and mailed to the municipality within three business
days of the telephone notice.
C.
If the discharge of prohibited materials emanates from
a commercial or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least
three years.
